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The question is whether the challenged restrictions amount to an arbitrary interference with liberty and property and thus violate the requirement of due process of law.
Conservatives see bureaucracy as wasteful, corrupt interference with liberty, while liberals see it as undemocratic, elitist and vulnerable to capture by the rich and powerful.
It is an interference with liberty which might be thought to place the burden of proof on the paternalist.
Interference with liberty of action, especially by the use of power or coercion, required a special sort of justification: that it was needed to prevent harm to others.
He held that although the principle is correct in appropriate circumstances, "it cannot extend to interference with liberty unless Parliament has unequivocably enacted that it should".
Similar(55)
Regulations are viewed as interferences with liberty and mandatory terms in contracts are derided as paternalistic interferences with autonomy.
Although a few arrests have been made for interference with the liberty of work, an almost complete calm prevails.
In both common-law and civil-law jurisdictions, certain prerequisites must be met before there can be any interference with individual liberty.
It is just one example of how the Human Rights Act enables us, collectively, to protect ourselves against arbitrary interference with our liberty.
For decades, we have heard conservative public figures rail against what they say is too much government interference with individual liberty.
Price control, like any other form of regulation, is unconstitutional only if arbitrary, discriminatory, or demonstrably irrelevant to the policy the Legislature is free to adopt, and hence an unnecessary and unwarranted interference with individual liberty.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com